State of Illinois
91st General Assembly
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Public Act 91-0118

SB486 Enrolled                                 LRB9105584RCks

    AN ACT to amend the Criminal Code  of  1961  by  changing
Section 16-1.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Criminal  Code  of  1961  is  amended  by
changing Section 16-1 as follows:

    (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
    Sec. 16-1.  Theft.
    (a)  A person commits theft when he knowingly:
         (1)  Obtains  or  exerts  unauthorized  control over
    property of the owner; or
         (2)  Obtains by deception control over  property  of
    the owner; or
         (3)  Obtains  by threat control over property of the
    owner; or
         (4)  Obtains control over  stolen  property  knowing
    the   property   to   have  been  stolen  or  under  such
    circumstances as would reasonably induce him  to  believe
    that the property was stolen; or
         (5)  Obtains  or exerts control over property in the
    custody of any law enforcement agency which is explicitly
    represented to him by any law enforcement officer or  any
    individual  acting  in behalf of a law enforcement agency
    as being stolen, and
              (A)  Intends to deprive the  owner  permanently
         of the use or benefit of the property; or
              (B)  Knowingly  uses,  conceals or abandons the
         property in such manner  as  to  deprive  the  owner
         permanently of such use or benefit; or
              (C)  Uses,  conceals,  or abandons the property
         knowing  such  use,   concealment   or   abandonment
         probably  will deprive the owner permanently of such
         use or benefit.
    The term "firearm" for the purposes of this  Section  has
the  meaning  ascribed  to  it  in Section 1.1 of the Firearm
Owners Identification Card Act.
    (b)  Sentence.
         (1)  Theft of property, other than  a  firearm,  not
    from  the  person  and  not  exceeding $300 in value is a
    Class A misdemeanor.
         (2)  A person who has been  convicted  of  theft  of
    property  not  exceeding  $300  in  value,  other  than a
    firearm and not from the person, who has been  previously
    convicted  of  any type of theft, robbery, armed robbery,
    burglary, residential burglary,  possession  of  burglary
    tools,  or home invasion, forgery, a violation of Section
    4-103, 4-103.1,  4-103.2,  or  4-103.3  of  the  Illinois
    Vehicle  Code  relating  to the possession of a stolen or
    converted motor vehicle, or a violation of Section  8  of
    the  Illinois Credit Card and Debit Card Act is guilty of
    a Class 4 felony.  When  a  person  has  any  such  prior
    conviction,  the  information or indictment charging that
    person shall state such prior conviction so  as  to  give
    notice  of the State's intention to treat the charge as a
    felony.  The fact of such  prior  conviction  is  not  an
    element  of  the  offense and may not be disclosed to the
    jury during trial unless otherwise  permitted  by  issues
    properly raised during such trial.
         (3)  Theft   of   a  firearm  not  from  the  person
    regardless of value is a Class 4  felony.   A  second  or
    subsequent such offense is a Class 3 felony.
         (4)  Theft of property from the person not exceeding
    $300  in  value,  or theft of property exceeding $300 and
    not exceeding $10,000 in value, is a Class 3 felony.
         (5)  Theft of property  exceeding  $10,000  and  not
    exceeding $100,000 in value is a Class 2 felony.
         (6)  Theft  of  property exceeding $100,000 in value
    is a Class 1 felony.
         (7)  Theft by deception, as described  by  paragraph
    (2)  of  subsection  (a)  of  this  Section, in which the
    offender obtained money or property valued at  $5,000  or
    more  from a victim 60 years of age or older is a Class 2
    felony.
    (c)  When a charge  of  theft  of  property  exceeding  a
specified  value  is  brought,  the  value  of  the  property
involved  is  an element of the offense to be resolved by the
trier of fact  as  either  exceeding  or  not  exceeding  the
specified value.
(Source: P.A. 89-377, eff. 8-18-95.)

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